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DSCC-57520\2494968.2 10 September 17, 2021 the Solar Contractor described in Section 3.12.3, or any of their respective heirs, personal representatives, successors, assigns, officers, agents, employees, subcontractors, or material suppliers arising out of or based upon any injury or damage resulting from the operation, maintenance, removal, or re-installation of the Owner’s Solar Energy System. This indemnity does not include any Solar Claims to the extent they arise out of the gross negligence or willful misconduct of the Association or the other Owner or other Owner’s Occupants or Permittees. 3.12.5 Maintenance Removal and Reinstallation. Owner agrees that performance of any work shall not interfere with the Association’s maintenance of the roof on the building (“Roof Work”). If the Association has to perform Roof Work, Owner shall cooperate with the Association to timely remove and store any Solar Energy System located in the Roof Work area, at Owner’s expense, as provided below. Except in cases of emergency where reasonable notice will not be provided, the Association shall give Owner at least seven (7) days prior written notice of its intent to have Roof Work performed, the location of the Solar Energy System that will be affected by the Roof Work, and a deadline by which Owner is required to remove the affected Solar Energy System. If Owner fails to remove the Solar Energy System by the deadline stated in the Association’s notice, then the Association shall have the right to employ a contractor experienced with solar energy systems to remove the Solar Energy System from the areas where the Roof Work will be performed and to store the Solar Energy System, in which case the Association shall not be responsible for any loss or damage caused to such Solar Energy System during or after such removal, including any damage resulting from the storage of the Solar Energy System unless the Association commits gross negligence or willful misconduct in connection with such removal. If the Association removes the Owner’s Solar Energy System, the Association may levy a reimbursement assessment against Owner for all expenses incurred for the removal and/or storage. After the Association’s Roof Work is completed, Owner shall have the Solar Energy System re-installed by an approved Solar Contractor within ten (10) days of receipt of written notice from the Association that such Roof Work is complete. Owner shall be responsible for all costs for removal, storage and reinstallation of the Solar Energy System in connection with any Roof Work. 3.12.6 Condominium Transfers. If title to a Condominium is or will be transferred to a successor Owner, the transferring Owner or the Solar Lessor may remove the Solar Energy System except the conduits and wiring between the electrical closet and the Solar Use Area, which shall remain for use by the successor Owner. If the Owner or the Solar Lessor fails to notify the Association in writing no later than thirty (30) days prior to the date title is transferred that the Solar Energy System will be removed, which removal must occur prior to the date of transfer, the successor Owner shall be deemed the new Owner or lessee of the Solar Energy System and responsible and liable as the Owner under this Section 3.12 for any acts or omissions occurring on or after the date of transfer. The transferring Owner shall remain liable for all acts or omissions occurring before the date of transfer. ARTICLE 4 Maintenance Obligations 4.1 Owners’ Maintenance Obligations. Each Owner shall maintain the Owner’s Unit and all Improvements and Exclusive Use Common Area appurtenant thereto as described in this Section 4.1 and in compliance with the standards and guidelines described in Section 4.3. Each Owner shall allow agents of the Association reasonable access to the Owner’s Unit and Exclusive Use Common Area for purposes of performing any of the Association’s maintenance obligations under this Declaration. If any Owner fails or refuses to provide reasonable access, the Owner shall be responsible for any maintenance costs that could have been avoided if access had been provided, and the Association may levy a reimbursement assessment against the Condominium to recover the additional costs. If damage to any of the Improvements maintained by the Owner is covered by insurance maintained by the Association, on request from the Owner, the Association may, at its discretion, submit an appropriate claim if the claim exceeds the deductible and shall remit any available insurance proceeds to the Owner on